The following excerpt is from Heller v. Holland, No. 2: 15-cv-0587 MCE KJN P (E.D. Cal. 2017):
The test for multiplicity requires the court to determine "whether the individual acts are prohibited, or the course of action which they constitute. If the former, then each act is punishable separately.... If the latter, there can be but one penalty." Blockburger v. United States,
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284 U.S. 299, 302 (1932) (two drug sales made at separate times do not constitute a continuous offense); compare In re Snow, 120 U.S. 274, 286 (1887) (cohabiting with multiple women constitutes a continuous offense). More simply put, the test for determining if multiple counts charge separate and distinct offenses is whether one count requires proof of a fact which the other does not. United States v. Segall, 833 F.2d 144, 147 (9th Cir. 1987) (citing Blockburger, 284 U.S. at 304).
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